Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 26, 2024
CASE NO(S).: OLT-23-000996
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Toronto (Bayview Car Wash) LP
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a 46-storey mixed use building with retail at ground level and 419 residential units
Reference Number:
23 163199 NNY 15 OZ
Property Address:
1802 Bayview Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000996
OLT Lead Case No:
OLT-23-000996
OLT Case Name:
Toronto (Bayview Car Wash) LP v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant
Toronto (Bayview Car Wash) LP
Subject:
City of Toronto Site Plan Approval
Description:
To permit the development of a 46-storey mixed use building with retail at ground level and 419 residential units
Reference Number:
23 163207 NNY 15 SA
Property Address:
1802 Bayview Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000997
OLT Lead Case No:
OLT-23-000996
Heard:
February 12, 2024 by Video-Hearing
APPEARANCES:
Parties
Counsel
Toronto (Bayview Car Wash) LP
D. Angelucci
M. Foderick (in absentia)
City of Toronto
J. Braun
M. LaFortune
Broadway Area Residents Association
M. Kemerer
Metro Ontario Real Estate Limited
C. Harris
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON FEBRUARY 12, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an appeal by Toronto (Bayview Car Wash) LP (“Applicant / Appellant”) arising from the failure of the City of Toronto (“City”) to make a decision on a requested Zoning By-law Amendment (“ZBA”), pursuant to s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act.
2The Applicant is seeking to permit the development of a 46-storey mixed use building consisting of 419 residential units and retail at ground level, on the lands municipally known as 1802 Bayview Avenue (“subject property / site”).
3The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
4The Tribunal was provided with a Draft Procedural Order (“DPO”).
STATUS REQUESTS
5Prior to the CMC, the Tribunal received two Party status requests. On the consent of statutory Parties, the Tribunal granted Party status to:
Broadway Area Residents Association (“BARA”), and
Metro Ontario Real Estate Limited (“Metro”).
6The Tribunal also received 41 Participant status requests. Among those were Leaside Residents Association (“LRA”), South Eglinton Davisville Residents Association (“SEDRA”) and a number of individual requests. The Notice of the CMC, dated December 18, 2023 states:
“The appellant(s), applicant, municipality or approval authority, and those persons who intend to request party or participant status, are asked to log into the video hearing through the link provided above at least 15 minutes before the start of the event to test their video and audio connections.
If you do not attend the CMC, the Tribunal may proceed in your absence and you will not be entitled to any further notice of these proceedings. The Tribunal may finalize the list of appellants, parties and/or participants at this CMC, and may order that no additional appellants, parties and/or participants be added or included in this proceeding, without leave of the Tribunal.” [emphasis added]
7At the CMC, the Tribunal canvased if any of those, who submitted Participant status requests were not part of the LRA, SEDRA or BARA. Out of 41 Participant status requestors, four individuals had indicated that they were not part of those associations. Due to the duplication of issues in the Participant statements, the Tribunal directed the representatives of LRA, SEDRA and BARA to submit a summary issues list from their residents.
8Given that the rest of the individuals did not speak at the CMC, the Tribunal assumes that they are part of the residents association or were not present at the CMC. Therefore, their Participant status is denied, for the reasons outlined in the Notice of the CMC above.
9The Tribunal granted Participant status to:
Laurie Sims
Sarah Coombs
Mary Lou Wojick and
Toronto Standard Condo Corporation 1542, represented by Lezlie Bain.
MEDIATION
10The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the appeal, and whether they would be interested in mediation. The Parties indicated that they are open to the mediation. The Tribunal directed the Parties to contact the assigned Case Coordinator should they wish to pursue Tribunal-led mediation.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
11At the CMC, the Appellant requested that 10 days be set aside for the Hearing. The City explained that the council meeting will take place on March 22 and requested a second CMC to be scheduled after that. Given that the DPO did not contain any issues, the Tribunal is of the opinion that it is premature to set hearing dates at this point. The hearing dates could be set at the second CMC.
12The Tribunal directed the Parties to ascertain the number of expert witnesses each Party intends to call at the Hearing for the second CMC.
13A one-day CMC will be held and is scheduled to commence by video on Thursday, April 18, 2024 at 10 a.m.
14Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
15Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned above.
17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18The Tribunal Orders the above directives.
19This Member is not seized.
20There will be no further notice.
“P. Tomilin”
p. tomilin
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.